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XI. And be it further enaded by the authority aforefuid, That for every offence which the laid repackers shall make or coinmit againit the true intent and meaning of this act, and be thereof convicted, he or they fo offenda ing, shall forfeit fitty pounds, and be rendered incapable of serving again in the office.
XII. And be it further enacted by the authority aforefroids Penalty on gwners That if any person or persons shall export, or ship for exmalters of verle's, for portation out of this ttate, any beef or pork not being init without infecuun. spected, pickled and branded by one of the sworn inspectors
as aforesaid, every such exporter, and the master of every velfel having on board such uninspected beef or pork, shall, upon conviction, respectively forfeit and pay the fums following, for every barrel of beef or pork so exported, or shipped for exportation, as aforesaid ; that is to say, The owner thereof shall forfeit and pay the sum of forty shillings; and the master of every vessel having the fame on board, the sum of ten shillings.,
And further, That the said inspectors, and every of thein lafpectors, by war: shall have full power and authority by virtue of this act, on ener on bard any suspicion that any beef or pork not inspected as aforesaid, beef ur pork thipped shall be shipped in any vellel for exportation, to apply to for exportation with any justice of the peace, and on oath to allign to such justice out inspection.
the causes of such suspicion, and if the said justice sh.ill think the said fufpicion well grounded, he shall iffue his warrant to the said inspector or inspectors, to enter on board any vessel whatever, loading or laden in this state, either in the whole or in part, and to search for and make discovery of any beef or pork shipping or shipped on board any such vefsel for exportation out of this state ; and if any of the said inspectors shall discover
And if any is difco- any beef or pork not repacked, branded and pickled, as vered, it shall be re- directed in and by this act, on board of any such vessel,
such inspector shall apply to such justice of the peace, who is hereby authorised and required tu issue his watrant, directed to some peace officer or officers, commanding hin or them to enter on board every such velle having on board fuch uninspected beef or pork, and cause the same to be relanded and delivered to the owner or owners thereof, upon his or their paying the expence of such fearch and relanding. And if any person or persons shall obftruét or hinder any inspector froin making such search as aforesaid, or any peace officer, in relanding such beef or pork, every person fo offending, shall forfeit and pay the sum of one hundred pounds.
XIII. And be it further enacted by the authority aforesai, Infpectors nettoin: That no inspector of beef and pork, to be appointed by virout of their counties. tue of this act, Ihall infpe&t or brand any casks of beef or infpect t, branding pork, out of the city or county for which he shall be ap. any call of beet or pointed an inspector, upon pain of forfeiting the sum of pork, to .
twenty pounds. And if any person other than the said inspectors, Mall brand any casks of beef or pork in the manner directed by this act, every person fo offending, shall for feit the sum of five pounds, for every calk so branded.
XIV. And be it further enailed by the authority aforesaid, That upon the head of every barrel or cask of beef or pork, which shall be shipped from any port in this state, to any port either within or without the same, the Thipper thereof Thall, before, or at the time such beef or pork is repacked, cause the initial letter of his christian name, and his surname, at full length, to be branded.
XV. And be it further enabled by the authority aforesaid, That every th forfeitures and penalties aforesaid, shall and may be recovered, with costs o fuit, in any court having cognizance thereof, by any perfon or persons who will sue and prosecute for the same to effect; one moiety of which said for feitures and penalties, when recovered, shall be paid to the overseers of the poor of the town or place where the offence shall be committed, for the us of the poor thereof; and the other moiety thereof to such person or persons as will fue for the same as aforesaid.
XVI. And be il further enilled by the authority aforesaid, That all ads of the late colony of New-York, respecting the repacking of beef and pork, be, and they are, from and after the said first day of October next, hereby repealed.
CH A P. LVI.
PaíTed 7th March, 1788.
exportation from this state, and it is necessary that great care be taken to preserve their reputation at foreign markets; Therefore,
I. Be i enailed by the people of the fate of New-York, represented in ferate and fembly, and it is hereby cnašled by the authority of the fame, Thai from and after the firit day of July next, no staves or heading shall be exporzed out of this state, to any foreign market, but such as shall be culled by the cullers hereafter to be appointed for that purpok. That all butt staves fhai] be made of good white-oak timber, and shall be of the following dimensions : Size and quality of
The long butts shall be five feer lix inches long, the short stuves and reading. broad when dresled, clear of sap; two inches thick on the
of butts four feet fix inches long, and both at least five inches thinnest edge, and not more than two and an half inches thick in any place ; and Mall be regularly split with the grain of the wood, and free from twist; and to be otherwise good and fufficient. That all pipe staves shall be made of good white-oak timber, and shall be four feet fix inches long; and shall work three and an half inches broad when dressed, clear of fap; and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than fix worm holes; and be otherwise good and sufficient. That all white-oak hogshead staves shall be made of good timber, and shall be three feet fix inches long; and shall work three and an half inches broad when dressed, clear of fap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than four worin holes; and be otherwise good and sufficient. That all barrel staves shall be two feet eight inches long, and shall work three and an half inches broad, when dresled, clear of fap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and not more than four worm holes; and otherwise good and sufficient. That all heading shall be made of good whiteoak timber, and shall be two feet eight inches long, and shall not be less than fix inches broad, clear of fap; three fifths of which shall be fit for middle pieces, and shall not be less than three fourths of an inch thick on the thin edge ; and be otherwise good and fufficient. That all red-oak hogshead ftaves shall be three feet fix inches long, four inches broad, including fap, and shall be three quarters of an inch thick on the thin edge.
II. And be it further enated by the au’hority aforefod, That the governor, or person administring the government of this itate for the time being, by and with the advice and consent of the council of appointment, shall and may appoint eight or more cullers for the city and county of New-York ; four or more cullers for the city and county of Albany ; two or more cullers for the city of Hudson; and as many in the other counties in this fare, as shall appear from time to time to be neceffary.
II. And be il further enucled by the authority oforeferid, That each of the cullers to be appointed by virtue of this act, shall take the following oath, before loine person or persons authorized to administer the same, viz.
do folemnly swear, That I will, well, faithfully, truly and ing, execute, do and perform the office of a culler and examiner of itaves and heading, according to the true intent and meaning of the laws of this ftate relative thereto.
IV. And be it further enailed by the authority aforesaid, That the respective cullers shall be entitled to receive for culing every thousand pipe itaves, the sum of four shillings; for every thousand hogshead itaves and heading, the fun of three shillings; for every thousand barrel staves, the sum of two fhillings; and for every thousand long butt staves, the fum of ten snillings ; and for every thousand short butt ftaves, the sum of eight shillings, and no more; computing twelve hundred llaves or heading to a thouland; one half to be paid by the buyer, the other half by the seiler : And for all such Daves or heading as are culled out and not merchantable, the culler shall be entitled to receive of the proprietor thereof, the one half the price of the calling merchantable flaves or heading.
V. Arid be it further enucid by the authority af refuid, Disputes ariling bai: That where any disputes small arist between the buyer and lers,low to be fettled. seller of staves and heading, refrecting the culling of the staves by the culler who was employed for the purpole, Tuch dispute shall be submitted to two other cullers of Naves or heading; one to be chosen by the buyer, and the other by the seller ; and their determination shall be conclutive.
VI. And be it further cnutted by the au hority af re'aid, Penalty for shipping That if any person or persons Thail ship on board any vellei any witiwut being culled. for exportation out of this state, any ita ves or heading, to any foreign market, but such as have been viewed and examined by loune one of the cullers appointed by virtue of this act, in the city, coumiy or town where such staves or heading were exported from, the master of such veliel shall forfeit and pay the sum of twenty shillings, for every tliou and fo taken on board; and the owner or proprietor thereof, the sum of forty shillings for every thousand fo shipped on board for exportation : To be recovered, with costs of fuit, by any person who will profecute for the time, in any court having cognizance thereof.
VII. And be it further enalled by the authority afirelaid, That if any pera fon or persons fall ship on board any lip or veflet for exportation to any foreign market, any faves or heading that have been condemned; or all mix the same with any staves or heading that have been culled; every sucre person, upon due proof thereof, shall forfeit and pay the fum of forty Thila lings, for every thousand condemned slaves or heading to shipped on board or mixed; To be recovered in manner aforesaid, Vol. II.
Cullera, by warrant vói. And be it further enaêled by the authorily aforesaid, on board any vellel
, That the said cullers, and every of them, shall have full. or heading Whichtly power and authority by virtue of this act, and on suspicion Tippelt are intended that any staves or heading which have not been culled, or to be exported contrary to this act. which have been condemned as aforesaid, shall be shipped
in any snip or other vefiel, for exportation, to apply to any justice of the peace; and on oath to allign to fuchi justice, the caules of such fufpicion: And if the said justice Mall think the said suspicion well grounded, he mall issue his warrant to the faid culler or cullers, to enter on board any snip or vessel whatsoever, within any harbour, port or river, within the county of which he is a culler, to search for and make discovery of any ftaves or heading shipped or shipping on board any such veffel, for exportation, immediately froin thence to any foreign market : And if the faid culler, on fuch search, discover any staves or heading shipped on board any such vessel, that have not been culled by one of the cullers appointed by virtue of this act; or shall find on board, any staves that have been culled out or condemned, fuch culler shall apply to one of the nearest justices of the peace; who is hereby required to issue his warrant directed to some peace officer or officers; commanding him or them to enter on board such vefsel having on board fuch condemned or uninspected staves or heading, and cause the fame to be relanded and delivered to the owner or owners thereof, upon his or their paying the expence of such search and relanding.
IX. And be it further enacted by the authority afore fuid, That one moiety of the forfeitures to be recovered by virtue of this act, shall be paid to the overseers of the poor in the town or place where the offence was committed, for the use of the poor thereof; and the other moiety thereof to such person or persons as will sue for the fame as aforesaid,
CH A P.
LVIII. 8ta fell, cli. 35. An ACT supplementary to the Aat, entitled, † An A to prevent the Exportation of unmerchantable Flour, and the falja Tareing of Bread and Flour Cufks.
Passed 7th March, 1788. 1.
and allembly, and it is hereby enačled by the authority of the same, That the act, entitled, An act to prevent the exportation of uninerchantable flour, and the false tareing of bread and flour casks, palled the fixteenth of March, one thousand seven hundred and eighty-five, and every section and article therein mentioned, except the fifteenth and twenty-firit fe&tions thereof, shall extend, and it is declared and enacted to extend to rye and buckwheat flour, in as full and ample a manner as if the said several articles had been expressly named or mentioned in the said act; any thing in the said act to the contrary notwithstanding.
II. And be it further enaded by the authority afwefaid, Cafk containing rye That every cask containing rye or buckwheat flour, shall how to be marked.' (besides the marks and brands directed by the faid act, to be put by manufa&turers on casks containing wheat flour) be branded on one of the heads with the words, rye flour, or buck w. flour, as the case may require.
III. And be it further enadled by the authority aforesaid, No Indian meal to That no meal made of Indian-corn shall be exported from intpection, and how this state, unless it be inspected by one of the inspectors apto be marked.
pointed pursuant to the act herein before mentioned, and unless it shall appear to the satisfaction of the said inspectors, that the corn of which the said meal was made, had been sufficiently dry, or had been kiln-dried, and such as has been kiln-dried, shall be branded on the calk with the letters, kiln d. meal, and with the initial letter of the miller or owner's christian name, and his surname at full length ; and the calk containing the fame, shall be of the following dimentions; to wit, Twenty-seven inches in length, and the diameter of each head fixteen inches and one half, and the calks made nearly straight, for the convenience of stowing in vessels ; and each of the said casks shall contain one hundred and fixty-eight pounds of meal, which weight shall be branded on each of the calks, and the tare marked thereon with a marking-iron. Provided nevertheless, That nothing in this act shall prevent the packing of Indian-meal, for exportation, in hogsheads; but all such meal shall be inspected and branded as if packed in barrels ; and the inspectors shall be entitled to receive, for inspecting each hogshead, the sum of three-pence, and for each barrel, the sum of onepenny half-penny; and the weight of meal in each such hogshead (hall be marked thereon.
IV. And be it further enacled by the authority aforesaid, Penalty for mixing That if any person or persons shall mix any uninspected fpected fisuror ineal, buckwheat flour, rye flour, or ineal made of Indian-corn,
with such as has been inspected, and Mall offer the fame for sale as inspected flour, he, she or they lo offending, fall forfeit for each barrel so mixed and offered for sale, the sum of twenty shillings ; and for each hogshead so mixed and offered for sale, the sum of three pounds. And if any person or persons shall export any Indian-meal that has not been inspected and branded as herein before directed, he, le or they shall forfeit for every barrel so exported, the sum of ten shillings, and for ever hogshead so exported, the sum of thirty shillings. And the laid inspectors, appointed or to be appointed pursuant to the said herein befoi. mentioned act, are hereby directed not to inspect any wheat flour, but what shall be packed in new calks, not before used for any purpose.
V. And be it further enacted by the authority aforefuid, Word, bad, to be. That it shall and may be lawful for the inspector or inspeccondemned hour or tors of flour and meal, in this state, and they are hereby
directed to brand or mark the word, bad, on the head of each cask of condemned flour or meal.
VI. And be it further enacted by the authority aforesaid, Curks containing That on the head of each cask or barrel, in which flour, oling, how to be commonly called middlings, or cornel, shall be packed for
sale or exportation, the initial letter of the owner's or miller's christian name, with his surname at full length, Mall be branded, and also the word, middlings, or, cornel, as the case may be ; and every person who shall fell or export any middlings or cornel, in casks not branded as herein before directed, shall forfeit for each calk so sold or exported, and not branded, the sum of ten shillings.
VII. And be it further enaged by the authority aforesaid, Scandard weight of That the standard weight of wheat brought to the city of merciantable wheat.
New-York for fale, shall be fixty pounds nett to the bushel,